October 2015
Stay Connected
Angel Baseball Tickets Giveaway

Every month, Virginia is having a drawing to give away Angels "Diamond Club" Baseball Tickets.  Persons who send referrals to our office will be entered into the drawing as a token of our appreciation for expressing their confidence in us by referring new clients.  


Watch the 1 minute video below for more information.

Preferred Client Personal Parking 


We have a Preferred Client personal parking space in front of our building for clients and potential clients who come to visit.

Cleaning Up Your Record: What Kinds of Convictions Can Be Expunged in California?
Everyone makes mistakes. Unfortunately for some, these mistakes may become part of a person's permanent record after an arrest. However, just because you were arrested in the past does not mean that you can never escape the consequences of your past. Under California's statutes, many people with criminal records are eligible to have their convictions expunged.

What Is Expungement?

Once a person's record is expunged, he or she may no longer have to suffer the penalties or consequences of being arrested. For example, an applicant applying for a job in the private sector would not have to report a conviction to a potential employer if the record was expunged. Any potential employers in the private sector could not use an expunged criminal past to discriminate against a person during the hiring process.

Who is Eligible?

In general, a person is eligible for expungement if he or she was convicted of a misdemeanor or felony, has successfully completed probation, and is not currently charged with a crime.  The probation period must be finished in its entirety, and the person seeking expungement should have completed all required terms, including appearing in court or at the probation office, paying all fines, and completing all community service.

A person is not eligible for expungement if he or she was sentenced to state prison for any amount of time. In addition, a person who committed one of several specific, serious sex offenses will not be eligible for an expungement.

Obtaining an Expungement

In order to receive an expungement, certain forms must be filed with the court asking that your case be reopened so that the conviction can be dismissed. If the judge agrees that the person has successfully completed probation and is now rehabilitated, the request for expungement is usually granted.

Successfully receiving an expungement often depends on skilled legal representation. At the Law Offices of Virginia L. Landry, our attorneys can help you erase the evidence of your past mistakes through the expungement process.  
To speak with Virginia L. Landry and her team of knowledgeable criminal defense attorneys, call 866.902.6880 or visit our website to schedule your appointment today.
Understanding Your Rights and Obligations At A DUI Checkpoint
DUI checkpoints are a common sight across Southern California on Friday and Saturday nights. These roadblocks aim to stop all motorists in a certain area and check for impaired drivers.

If you happen to come across a DUI checkpoint, you should understand that both you and the police officers handling the stop have certain rights and obligations. Before you head out this weekend, learn more about your responsibilities at a DUI checkpoint.

Are Checkpoints Legal?

DUI checkpoints were the subject of a legal battle that went all the way to the United States Supreme Court in 1990. Since the decision in that case, states have been allowed to use sobriety checkpoints as long as the stops meet certain criteria.

The California Supreme Court has also weighed in on the use of DUI checkpoints. In the case of Ingersoll v. Palmer, the Court held that the use of roadblocks or checkpoints was constitutional so long as the stops met eight different conditions. These conditions are:
  • Supervising officers must make all operational decisions;
  • The criteria for stopping motorists must be neutral;
  • The checkpoint must be reasonably located;
  • Adequate safety precautions must be taken;
  • The checkpoint's time and duration should reflect "good judgment";
  • The checkpoint must exhibit sufficient indicia of its official nature;
  • Drivers should be detained a minimal amount of time; and
  • Roadblocks should be publicly advertised in advance.
If a roadblock or checkpoint does not meet all of these criteria, then the stop may have been illegal and the DUI case could be dismissed.

What Happens at a Sobriety Checkpoint?

During a sobriety checkpoint, police will block traffic or have traffic merge into one or two lanes. An officer will ask the driver to roll down the window and will ask to see his or her driver's license and registration. During this time, the officer may have a brief conversation with the driver to check for signs of impairment, like slurred speech, the smell of alcohol or marijuana, or the presence of alcoholic beverages or drug paraphernalia in the vehicle.

If the officer does not observe any signs of intoxication, the driver will be free to go. If the officer is suspicious, the driver will be asked to pull the car to a different area, where he or she will then undergo standard sobriety tests.

What Are My Rights and Obligations?

A sobriety checkpoint can be a nerve-racking experience, even for drivers who are not intoxicated. Motorists who come across these checkpoints are often unsure of what they can and cannot do, and may ask themselves these questions:

Do I Have To Roll My Window All The Way Down?

In general, there is no California law which requires a driver to roll down the window all the way. However, an officer will usually request that the window be completely down. If the driver does not comply with this request, the officer may threaten to break the window, can order the driver out of the car, or may arrest the driver for failing to comply with an order or obstructing the investigation. If any of the actions the officer takes happen to be illegal, then an experienced criminal defense attorney may be able to argue against any of the charges in court. However, a driver with nothing to hide may be better off simply complying with an officer's request to roll down the window.

Do I Have To Answer Questions?

No. While you may be required to provide your license and/or registration, you are under no obligation to answer any questions or perform any field sobriety tests.

Can They Search My Car?

Not without your permission or probable cause. An officer may ask to search your car, especially if he or she believes that you may have illegal drugs in your possession, but you have the right to decline these searches. However, if an officer has probable cause to believe that you are intoxicated or have illegal drugs or weapons in your possession, the officer may search your car without your permission. For example, if the officer sees illegal drugs or a handgun on the passenger seat, the officer no longer needs your consent. In the same way, many sobriety checkpoints use drug-sniffing dogs, which may alert the police to the presence of illegal drugs.

Will I Lose My Car?

In the past, Californians who were driving without a valid license were subject to having their car impounded if they were caught during a sobriety checkpoint. Since 2012, however, if a driver's only offense is driving without a license, then the police cannot impound the car and will only issue a ticket instead.

Can I Avoid A Checkpoint?

There is no law which requires motorists to go through the checkpoint. If it is possible to avoid the checkpoint, then a driver may do so. Police are usually not allowed to pull over a driver simply for avoiding the roadblock. If, however, the police observe the driver committing another infraction or driving erratically while trying to leave the checkpoint line, then this may be grounds for a police stop.

After an Arrest

If you were stopped for driving under the influence at a sobriety checkpoint or roadblock, an attorney who understands the rules for valid roadblocks can help you fight your case.

Get the representation you need on your side to fight back against criminal charges by calling the Law Offices of Virginia L. Landry. Our attorneys represent people accused of driving under the influence eve ry day, and will work to help you clear your name.

For more information about DUIs or the DUI process, visit www.orangecountycriminallaw.com . To set up a free initial consultation with one of our attorneys, call 866.902.6880 today.
Virginia Landry

Virginia L. Landry received her undergraduate degree from Northern Arizona University in 1982. She then went on to pursue her law degree from Western State University, graduating in 1988. The following year, Ms. Landry opened her own Law Office. As a nationally recognized Board Certified DUI Defense Attorney Specialist, Orange County Criminal Defense Attorney Virginia L. Landry, is able to practice law within all the California state courts and the Central District Court of the United States.


As a criminal defense lawyer with years of litigation and trial experience, Ms. Landry is fully prepared to handle criminal cases involving violent crimes, white collar crimes, theft crimes, sex crimes, juvenile crimes, drug crimes, weapons charges, and domestic violence. Attorney Landry has successfully represented clients facing a variety of complex misdemeanor and felony charges.

In addition to her current position as Regent for the National College for DUI Defense (NCDD), Virginia serves on the Board of Directors for the California DUI Lawyers Association  as its Secretary. Virginia is one of only a handful of attorneys across the nation who is Board Certified in DUI Defense. She has also received her  certificate of instruction , successfully training participants in DWI Detection and Standardized Field Sobriety Testing Student and Instructor courses.


Virginia Landry served on two committees and was on the Orange County Bar Association's Board of Directors for three years, is a past President and current member of the West Orange County Bar Association, is currently a Sustaining Member for the California Attorneys for Criminal Justice and is a member of the National Association of Criminal Defense Lawyers. Other local bar associations include the North Orange County Bar Association, The Newport Harbor Bar Association, the South Harbor Bar Association, the Western State University Alumni Association, the Northern Arizona University Alumni Association and the Warren J. Ferguson Inns of Court.